THE MANAGEMENT OF THE HINDU (KASTURI AND SONS UNITED) AND K.R. VENKATESAN AND ORS. Vs. THE PRESIDING OFFICER, LABOUR COURT (PRINCIPAL) AND ORS.

JUDGEMENT

(1.) In exercise of the powers conferred on them by Sec. 9 of the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955 (Central Act XLV of 1955), as amended (hereinafter referred to as the Act) the Central Government constituted a Wage Board by a notification dated 12th November, 1953, for the purpose of fixing or revising the rates of wages in respect of working journalists in accordance with the provisions of the Act. The Wage Board consisted of representatives of the employers in relation to newspaper establishments, working journalists and independent persons. On receipt of the recommendations of the Wage Board, the Government of India made an order under Sec. 12 of the Act and it was notified on 27th October, 1967. By virtue of the provisions of Sec. 13, on the coming into operation of the order of the Central Government under Sec. 12, every working journalist became entitled to be paid by his employer wages at the rates specified therein. In the recommendations of the Board, the working journalists were classified and grouped for the purpose of fixing their rates of wages. One such grouping is found in paragraph 4.24 (I)(a) III of7the Recommendations, which reads as follows :

(2.) The Labour Court accepted originally the contention of the Management that. The Wage Board had no jurisdiction to categorise Librarians and Index Assistants as. working journalists and in that view by an. order dated 19th December, 1971, held that the employees were not entitled to the reliefs prayed for by them. Aggrieved by this award, the employees filed W.P. No. 1146 of 1971 under Article 226 of the Constitution. This Writ Petition was allowed on the ground that the Labour Court had exceeded its jurisdiction in. declaring that the Wage Board could not haves included Index Assistants in. the category of Working Journalists. This order of the learned single Judge was confirmed in appeal and the petition for leave to appeal to the Supreme Court was also not successful. While disposing of the writ appeal, this Court also directed the Labour Court to decide the question whether the employee in this case satisfied the definition of the Wage Board for "Librarian or Index Assistant" on the basis of the evidence on record. In the revised order of the Labour Court dated 20th November, 1973 it was held that except in respect of three of the employees, the duties performed by them clearly satisfied the functional definition of "Index Assistant" contained in the Recommendations of the Wage Board and that therefore they were entitled to the amounts claimed by them. Out of the three employees whose petitions were rejected, the Labour Court held that two were merely Photo Filing Clerks attached to the Index section, that their function, was only to file photos, both published and unpublished and supply them as and when required in any department and that therefore they cannot be fitted in the definition given by the Wage Board. The third man was held to be merely a clerk who assisted a Librarian under whom he worked and therefore it was held that he could not claim the status of a Working Journalist. As against the finding that nine of the employees satisfied the definition of Index Assistant in the Recommendations of the Wage Board, the Management has filed W.P. No. 75 of 1974. The employee who was held to be an Assistant to the Librarian and not a Working Journalist has filed W.P. No. 627 of 1974, challenging the finding of the Labour Court. The other two employees, who were held to be more Photo Clerks, have filed W.P. Nos. 628 and 629 of 1974. In all these writ petitions, the prayer is for the issue of a writ of certiorari to quash the order of the Labour Court in so far as it is against them.

(3.) The main argument of the counsel for the Management in respect of all these employees was that they were appointed only as clerks, that they are designated as clerks and that they are doing only clerical duties in the Index Department. Their duties are to arrange and maintain subject wise an index of published news items and cuttings of important items of news. They do not prepare and maintain any background material for the use of the Editorial Department. It was further contended that the photo Filing Clerk attached to the Index Department does not have any. function, apart from filing of photos, both published and unpublished, and supplying them as and when required in any department. Thus, none of them perform any of the functions assigned to the Index Assistant in the Wage Board's Recommendations and that therefore they are not entitled any benefit as per their recommendations.